Daniels v. State of NY

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHATREK DANIELS, Petitioner, 23-CV-655 (LTS) -against- ORDER OF DISMISSAL STATE OF NEW YORK, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 27, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 in fees required to file a habeas corpus petition in this court. That order specified that failure to comply would result in dismissal of the complaint. Petitioner has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: March 29, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge